The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
Under the plea of guilty, the duty of determining the punishment
devolves upon the court, and the law indicates no
rule or pohcy for the guidance of his discretion. In reach-
ing his decision the court would have welcomed the counsel
and support of others. In some States the legislature in its
wisdom has provided for a bench of three judges to determine
the penalty in cases such as this. Nevertheless, the
court is wiUing to meet his responsibilities. It would have
been the path of least resistance to impose the extreme
penalty of the law. In choosing imprisonment instead of
death the court is moved chiefly by the consideration of the
age of the defendants, boys of i8 and 19 years. It is not
for the court to say that he will not in any case enforce
capital punishment as an alternative, but the court believes
that it is within his province to decline to impose the sentence
of death on persons who are not of full age.
This determination appears to be in accordance with the
progress of criminal law all over the world and with the dictates
of enlightened humanity. More than that, it seems
to be in accordance with the precedents hitherto observed
in this State. The records of Illinois show only two cases
of minors who were put to death by legal process — to which
number the court does not feel inclined to make an addi-
tion.
Life imprisonment may not, at the moment, strike the
public imagination as forcibly as would death by hanging;
but to the offenders, particularly of the type they are, the
prolonged suffering of years of confinement may well be the
severer form of retribution and expiation.
The court feels it proper to add a final word concerning the
effect of the parole law upon the punishment of these de-
fendants. In the case of such atrocious crimes it is entirely
within the discretion of the department of public welfare
never to admit these defendants to parole. To such a policy
the court urges them strictly to adhere. If this course is
persevered in the punishment of these defendants will both
satisfy the ends of justice and safeguard the interests of
society.
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